Question

Scenario 6: Mislaid or Lost Property

Amanda was a guest staying at the Holiday Inn Express in Largo, Florida while conducting an audit of a manufacturing firm for her employer. Amanda found a bundle of money in the rear corner of a drawer in the dresser in her room. Amanda notified the hotel manager, who contacted the Pinellas County Sheriff’s Department.   A Sheriff’s Deputy took custody of the money, which contained $28,000 in $100 and $20 bills. Amanda sued to recover the cash. Rafe, the owner of that hotel joined the lawsuit to claim the money.   

• Provide arguments for both parties, determine which party should win and support your answer with information from the textbook and other scholarly sources.

Answer 1

answer-

Under common law, Lost property is that property which is left behind unintentionally because of carelessness of its true owner. On the other hand, Mislaid property is different as it is property which is left behind intentionally in some place by its true owner but forget to take that back.

In this case, Amanda can argue that She was the one who found the bundle of money in the rear corner of a drawer in the dresser in her room.

She can also argue that She notified the hotel manager about the property.

She can argue that she the finder so she should be the keeper of that bundle of money unless its true owner comes and calim back that money.

Rafe can argue that The bundle of money She found is not lost property but a mislaid property intentionally left by its owner in the drawer of the dresser. Just like a customer left his wallet on table or mobile phone on shop table and left in the shop.

He can argue that if it was lost property then bundle of money would be found on some unexpected places like on floor, in the bathroom but Owner kept that money Voluntarily in the drawer and forget to recover it. This is why it is mislaid property.

Based on argument, Rafe the owner of the hotel will win the case because The claim of ownership of mislaid property can be done by either its true owner who comes back in reasonable time and ask to take back his bundle of money or owner of the premises where the mislaid property found. The Bundle of money was found in the dresser of the room in the hotel who was owned by Rafe not Amanda. The case, McAvoy v. Medina - 93 Mass. 548 (1866) in which customer who found wallet in barber store did not get the claim of that wallet since it was mislaid property not lost one.